Terms of Use

User Submitted Videos

A. The Fun Size Horror website permits the submission of videos or other materials submitted by you and other users ("User Submissions") and the sharing and/or publishing of such User Submissions.

B. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions you represent, and/or warrant that: (i) you own or have the necessary rights, licenses, and permissions to use and authorize Fun Size Horror to use all patent, trademark, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by Fun Size Horror’s website and these Terms of Use; and (ii) you have consent, release, and have permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the website and these Terms of Use.

C. You retain all ownership rights in your User Submissions, and you agree that you will not: (i) submit material that is copyrighted unless you are the owner of such rights or have permission from the rightful owner to submit the material and to grant Fun Size Horror all of the license rights granted herein; (ii) publish misrepresentations that could damage Fun Size Horror or any third party; (iii) submit material that is unlawful, defamatory, libelous, threatening, pornographic, hateful, racially or ethnically abusive, encourages illegal conduct, or gives rise to civil liability.

Fun Size Horror retains the right to refuse acceptance of User Submissions and to delete, cancel, or remove existing User Submissions from the website at any time at its sole discretion and/or for violations of the Terms of Use.

D. You hereby grant Fun Size Horror a worldwide, non-exclusive, and royalty free license to use, reproduce, distribute, and display User Submissions in connection with the Fun Size Horror website and Fun Size Horror's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Fun Size Horror Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user/visitor of the Fun Size Horror website a non-exclusive license to access your User Submissions through the website. The license granted by you terminates once you delete a User Submission from the Fun Size Horror Website. Requests to delete your User Submission and comments, requests for technical support, and other communications should be directed to Fun Size Horror’s customer service through info@funsizehorror.com.

E. Fun Size Horror does not endorse any User Submission’s opinions, ideas, or behavior expressed therein. Fun Size Horror does not permit copyright infringement of intellectual property rights on its website and will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on any intellectual property rights. Fun Size Horror reserves the right to terminate a User’s access should they be guilty of any copyright infringement. Fun Size Horror permits you to link, embed, and share content on the website for personal, non-commercial purposes only. Fun Size Horror reserves the right to discontinue any aspect of the Fun Size Horror Website at any time.

Warranty Disclaimer

ENTER AT YOUR OWN RISK...Fun Size Horror, ITS OFFICERS, MANAGERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Fun Size Horror MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Fun Size Horror WEBSITE. Fun Size Horror DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Fun Size Horror WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Fun Size Horror WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL Fun Size Horror, ITS OFFICERS, MANAGERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Funny or Die WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT Fun Size Horror SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemnity

You agree to defend, indemnify and hold harmless Fun Size Horror, its officers, managers, employees and agents, from any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Fun Size Horror website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Fun Size Horror Website.

Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.